MASSCANN's 2005 Testimony in support of Medical Marijuana

A frequent recurrence to the fundamental principles of the constitution, and a constant adherence to those of piety, justice, moderation, temperance, industry, and frugality, are absolutely necessary to preserve the advantages of liberty, and to maintain a free government. The people ought, consequently, to have a particular attention to all those principles, in the choice of their officers and representatives: and they have a right to require of their lawgivers and magistrates, an exact and constant observance of them, in the formation and execution of the laws necessary for the good administration of the commonwealth.

--- Article XVIII, A Declaration of the Rights of the Inhabitants of the Commonwealth of Massachusetts

Chairpersons Fargo and Koutoujian,
Honorable Members of the Committee,

It is time to reform our state’s medical marihuana law.

As the attached election results from 2000, 2002 and 2004 demonstrate, your voting constituents favor the legislation you hear about today and the complete decriminalization of the possession of marijuana. This committee and all other members of the General Court should now recognize that it is the will of the people the Commonwealth should not be punishing persons who use marijuana as a medicine under the supervision of health care professionals.

By enacting the legislation before you, you not only relieve the stress medical users face from being prosecuted by the Commonwealth, you further express the sentiment of your constituents to Congress.

By enacting the legislation before you, you help secure the Commonwealth’s reputation as a world leader in medical research, treatment and education. The cannabinols are a category of drugs that rival the opiates in terms of their range of application. There is one notable difference: no one has ever suffered a lethal overdose of cannabinols. Physicians who want to gain experience treating people with cannabinols, the medical school student who want to learn from them, and those patients who will seek treatment of their various maladies with cannabinols, will go elsewhere, to California, Canada, or some other locale where medical experimentation and treatment with cannabis-derived drugs is not countered with the threat of arrest and imprisonment.

By enacting the legislation before you, you help secure the fair treatment of current and prospective employees of Massachusetts businesses, who happen to live in Maine, Vermont, (or Rhode Island), states where the medicinal use of marijuana is legal. Drug screenings are used by many employers, and those patients from bordering states may be denied the opportunity to become taxpaying Massachusetts workers.

By enacting the legislation before you, you will not suffer the loss of any votes. No one has ever lost an election for supporting marijuana policy reform. Jimmy Carter spoke out in favor of reform, and he won the Presidency. More than a few handfuls of well respected and successful politicians have spoken of their marijuana use, and at least one has been arrested for it: our own Congressman Stephen Lynch.

Besides Lynch, the Massachusetts delegation in the House of Representatives are leaders in the shift toward a more rational medicinal marijuana policy. This past May Republicans Ron Paul (TX) and Dana Rohrbacher (CA) and Democrats Barney Frank (MA) and Sam Farr (CA), reintroduced the States' Rights to Medical Marijuana Act.  As of the date these remarks were written four other Massachusetts congressman have signed on as sponsors. They are Michael Capuano (D, MA-8); James P.  McGovern (D, MA-3) and John Olver (D, MA-1); and, John Tierney (D, MA-6).

The entire delegation except for Mr. Lynch, have three times voted in favor of prohibiting the Justice Department from spending funds to interfere with the implementation of state medical marijuana laws.  House Roll Call No. 420, 108th Congress, 1st Session, House Roll Call No. 334, 108th Congress, 2nd Session and House Roll Call No. 255, 109th Congress, 1st Session.

Both the amendment to the federal budget and the States' Rights to Medical Marijuana Act (HB 2087) reverse the Supreme Court’s decision Raich v. Gonzalez.

HB 2087 proposes rescheduling marijuana under federal law so those states, like Massachusetts, that wish to legalize the medical use of marijuana under state law could do so without federal interference. If approved by Congress, federal prosecution of patients who qualify for medical use under state law would end,and states could actually provide medical marijuana to patients who qualify under state law.

Attached for your consideration, in addition to the election results you will find: a press release by National Organization for the Reform of Marijuana Laws’ concerning the Supreme Court’s decision;
Dale McFeatters’ column published in the Taunton Gazette;
An editorial in The Republican, “Medical marijuana not reefer madness”;
and, An editorial in the Boston Herald, “A win for U.S. Drug laws.”

Finally, in weighing legislation, please strive to fulfill the ideals of John Adams and the people of Massachusetts when they adopted the Great Charter of 1780 wherein it was proclaimed: The end of the institution, maintenance, and administration of government, is to secure the existence of the body politic, to protect it, and to furnish the individuals who compose it with the power of enjoying in safety and tranquillity their natural rights, and the blessings of life: . . . . among which may be reckoned the right of enjoying and defending their lives and liberties; that of acquiring, possessing and protecting property; in fine, that of seeking and obtaining their safety and happiness . . . . .

It is our sincere hope and we do trust, that this committee will, after “recurrence to the fundamental principles of the constitution, and a constant adherence to those of piety, justice, moderation, temperance, industry, and frugality, [that] are absolutely necessary to preserve the advantages of liberty, and to maintain a free government. . . . “ as admonished in Article XVIII of the Declaration of Rights of the Inhabitants of Massachusetts, recommend passage of H 2742 or its Senate sister, S 998.

Respectfully submitted, The officers and directors of the Massachusetts Cannabis Reform Coalition

Dr. Keith Saunders, President
Steven S. Epstein, Esq., Treasurer
Fred Hapgood, Clerk
Edward Beuchert, Director
Michael Crawford, Director
William Downing, Director
Oli Elia Director
Jeanne Ferguson, Director
William Flynn, Director
Jay Morgan, Director
Alex Pearlstein, Director
Graham Steele, Director
Colleen White, Director

P.O. Box 266, Georgetown, MA 01833
781-944-2266
www.masscann.org

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